The Bombay High Court on Monday refused to grant any ad-interim relief to the society members of buildings in Campa Cola compound in Worli who have been served eviction notice by the Brihanmumbai Municipal Corporation ( BMC) based on a Supreme Court order upholding its earlier notice for demolition of illegal floors in the building.
Division bench of Justice Abhay Oka and Justice AR Joshi, refused any relief to the legal occupants of the buildings who wanted a detailed programme from the civic body on how they would carry out the demolition and whether it would affect their houses.
The high court while refusing to grant any relief relied on the apex court order which had upheld the notice issued in 2005 by the BMC for demolition under section 351 of the BMC Act.
The bench said “At this stage no case is made out for any relief, this court cannot interfere with the BMC action which has commenced on the basis of the apex court order. Further the society has filed a review petition wherein no stay has been granted by the apex court. In these circumstances we cannot interfere in the proceedings.”
The legal occupants of the two societies BY apartments and Mid-Town apartments had argued that the water tank, lifts and electricity boxes are on the top floors and the BMC cannot just demolish the structure without considering their situation.
Further the civic body does not have experience in demolishing part of a residential structure thus it would cause problems to other legal occupants.”
The civic body though replied by saying that it had appointed a structural engineer to assess the buildings and they would carry out the demolition in a phased manner, causing minimal inconvenience to the legal occupants.
A total of 140 flats have got eviction notices on April 26, asking them to vacate the flats within 48 hours. The civic body was likely to carry out the demolition on April 29 but it has not yet initiated any action. The society though has filed a review petition in the Supreme Court against its order where no stay has been granted.